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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111468
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I'm in the process of divorce. I am 62 and my husband is 65.

Customer Question

I'm in the process of divorce. I am 62 and my husband is 65. He makes more than twice as much salary as I do. He now says he is going to retire at 66 and go after me for maintenance. Can he do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your husband voluntarily retires and is making twice the pay you are making, he is being spiteful and his gums are just flapping and he does not know the law. No he cannot get spousal support in IL from you for this reason. If he is making more than twice your income now and you are divorcing, he CANNOT retire and intentionally make less just to seek support from you and the courts will not buy that. In fact, if you file for spousal support as part of your divorce and he now tries to retire to avoid paying it, the court can "impute" income to him, meaning they can say he voluntarily retired without any good reason and treat him as though he was still making the same money as before retirement.
So, mainly it is your husband being spiteful and lashing out when he does not know the law and trying to intimidate and scare you.

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